The Basic Elements Of A Crime Flashcards
The act of wrongful conduct
actus reus
An offense against the government punishable by a fine and/or imprisonment by the government
A crime
The state of mind of the actor or intent
mens rea
What are the six elements of every crime?
- A law defining the crime
- Actus reus
- Mens rea
- An injury or result
- A causal relationship between the act or conduct and injury or result
- The prescribed penalty
Corpus Delictri
The body of the crime
What are the three elements of the corpus delicti?
- Mens rea (criminal intent)
- Actus rea (the forbidden act)
- Coming together of the criminal intent and the criminal act
The law of causation says that before criminal sanctions can be imposed, the offender’s conduct must constitute the ____ of the injury or result
Proximate cause
What is not an essential part of a crime?
Motive
What are the two basic categories of crimes?
- Mala in se
2. Mala prohibita
A crime which is inherently wrong or wrong of itself such as murder or rape
Mala in se
A crime defined as wrong by statute, though not inherently wrong such as failure to pay taxes
Mala prohibitia
What kind of crime requires no proof of criminal intent?
Mala prohibitia
Wrongful state of mind of a lesser degree than intent, implies that one has acted in complete disregard for the rights and safety of others, resulting in harm
Recklessness
Criminal negligence is also called what?
Gross negligence or culpable negligence
If conduct is grossly negligent, and how can the person be found liable?
Both civilly and criminally liable
